Issues of Economic Analysis in International Trade Litigation

Guest lecture: Jan Bohanes, the ACWL, December 7 – 9, 2017, “Issues of Economic Analysis in International Trade Litigation”
The course examines the interplay of legal and economic issues in particular types of WTO litigation. Economic analysis is increasingly relied upon in the adjudication of disputes between WTO members and is being used at an increasingly sophisticated level. The resulting enhanced economic credibility of WTO adjudication is interesting not only from a systemic and academic perspective. It also changes the rules of the game for the litigating parties, who must rely to a greater extent on the input of economists, which in turn also boosts the standing and importance of economic experts. At the same time, the economic analysis is firmly embedded in a legal rules-bound context and must therefore also observe the idiosyncrasies of the underlying legal framework. In short, lawyers and economists must be aware of each other’s tools, rules, language, and methodological approaches.